Menlo Worldwide Forwarding — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department FEB J/ 2005 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and Administration Mr. Robert Johnson Menlo Worldwide Forwarding Manager Environmental Affairs Ref. No. 04-0287 2625 SW 1615t Seattle, Dear Mr. Johnson: This is in response to your December 13, 2004, letter regarding incident reporting requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask offered for transportation or transported by highway. if the exception provided under § 171.16 (d) applies to materials The answer is yes. Effective January 1, 2005, incidents involving hazardous materials offered for transportation or exception in § 171.16 (d) (2) are excepted from the detailed transported by rail, highway, or vessel that otherwise meet the hazardous materials incident reporting requirements (S 171.16(a)- (c)) . I hope this satisfies your request. Sincerely, Gale Office of Hazardous Materials Standards 111. 16 (1) 2/vi) 040287#

Page 2BAH $171.16(d(3) (vi) MENLO Incident Report WORLDWIDE Exceptions Forwarding 04-0287 December 13, 2004 400 7* Street SW USDOT/RSPA (DHM 10) Washington, D.C. 205090-0001 ATTN: Mr. Edward Mazzullo, Director for Office of Hazardous Materials Standards Re: HMR-229: 49 CFR 171.16 (d) Exceptions (2) (iv) (A) offered for transportation or transported by aircraft Dear Mr. Mazzullo, I am writing to request a written confirmation regarding an answer I received from the Hazmat Hotline on 12-09-04. According to the Hotline, the following scenario would meet the Hazmat Incident Reporting exception criteria: • Company policy requires all Hazmat (DG) shipments received from shippers to comply with International Air Transport Association (IATA) regulations. • The shipment is offered, accepted, and moved by ground transport. • An unintentional release occurs at some time during transportation of the shipment. • All criteria listed in 171.16(d) Exceptions are met. According to the Hotline, the intent of 171.16(d)(2)(iv)(A) "offered for transportation or transported by aircraft" was not to require an incident report to be submitted for the scenario described above ... assuming all other exception criteria were met. response, I feel a written interpretation would be beneficial due to the specific wording Would you please confirm this interpretation? Although I agree with the Hotline's of 171.16(d)(2)(iv)(A) as it relates to the scenario I've described. Your assistance is greatly appreciated. Regards, Plutt. Sm Robert G.. Johnson Manager Environmental Affairs Menlo Worldwide Forwarding • Environmental Affairs 2625 SW 1618 Street Seattle WA 98158 • 206-433-5054#